The paper analyses the legal situation of foreigners claiming compensation for undoubtedly unjustified detention on remand on the basis of the regulations of international law and the Polish legal system. Validity of the principle of reciprocity for the recovery of damages by foreigners has been criticized. The article indicates the method for determining the damages and the conditions affecting the amount of damages. The view was expressed that in accordance with the principle of material truth, it is permissible to take account of claims that exceed the demand. The right of the foreigner to the free assistance of a translator was emphasized, including when in contact with an attorney outside of the courtroom.